“primary memory”
In arguing that the patentees distinguished the primary memory of claim 1 from RAM and cache, Defendants apparently concede that the term “primary
memory” as used in claim 1 of the ’108 patent describes something different than the plain and ordinary meaning of that term. (See Defendants’ Opening Claim
Construction Brief at 13:7-14:18.) Yet, the plain and ordinary meaning of “primary memory” is precisely what Defendants propose. Defendants fail to explain how their proposed construction would not also encompass RAM or other forms of traditional volatile primary memory when the first limitation of Claim 1 discloses, “creating the primary memory from a nonvolatile, long-term storage medium, wherein the primary memory comprises a
plurality of blocks in which the data segments are to be stored.” (Italics added.)
Defendants’ proposed construction, by incorporating the term “main memory” which can be synonymous with volatile memory like RAM, is therefore inconsistent with the express language of Claim 1. Such volatile main memory,
such as RAM, is also not necessarily comprised of a plurality of blocks as required by the express language of Claim 1.
